Your Trademark Could Be Revoked If You Do This — A Self-Check Checklist Under Article 56 of the New Trademark Law

August 11, 2026 · IP Law · Aipunajie Patent Firm / Mili Law Firm

Since 2023, 1.273 million applications for "calculated trademarks" have been rejected—the registration end has been sealed off. But what about the usage end?

Effective January 1, 2027, Article 56 of the new Trademark Law officially takes effect: even if a trademark is already registered, if it is "used in a manner that misleads the public," the maximum fine is 250,000 yuan, and failure to rectify within the prescribed period will result in direct cancellation of the registered trademark.

Successful registration ≠ safety. This article provides a self-inspection checklist that corporate IPR professionals can use directly.

> Author: He Zigang, an intellectual property lawyer with years of practice, operating three entities—Aipunajie Patent Office, Mili Law Firm, and Najie Company—with OPC + AI digital employees.

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I. What Exactly Does Article 56 Govern?

The core of Article 56 of the new law is four words: "misleading use." What does that mean?—The trademark itself is fine, but when you use it, you pair it with product names, advertising slogans, packaging, or livestream scripts that cause consumers to be misled.

Notice No. 916 of the CNIPA clarifies seven categories of key regulated conduct:

| Category | Example | Consequence |

|------|------|------|

| Deceptive unregistered trademarks | Containing words such as "exclusively supplied," "specially supplied," "premium," or "national"; containing "selenium-enriched," "organic," or "zero-additive" without factual basis | Rejection/administrative penalty |

| Deceptive use of registered trademarks | Trademark + product name/packaging/advertising slogan combination causing misperception | Fine of 250,000 yuan + cancellation of registration |

| Counterfeiting registered trademarks | Marking ® on unregistered trademarks | Administrative penalty |

| Mandatory use not fulfilled | In the tobacco/e-cigarette sector | Order to use |

| Prominently displaying "well-known trademark" wording | Used in advertising and promotion | Administrative penalty |

| Improper use of collective/certification marks | Using geographical indications without meeting requirements | Administrative penalty |

| Agency misconduct | Bad-faith registration, bad-faith cancellation of dormant trademarks | Administrative penalty |

Real cases: An egg product registered a trademark containing the character "土" (native/earthy), but the actual manner of use caused the public to misperceive it as "native eggs"—the trademark was declared invalid. A honey merchant added the six characters "绿色生态健康" (green, ecological, healthy) to its registered trademark—administrative penalty. A lubricant company altered its trademark design to free-ride on BP—ordered to rectify within 7 days.

These are not infringement disputes—rather, trademark owners themselves fell into trouble through their manner of use.

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II. 15-Item Self-Inspection Checklist (Ready to Print)

Organized along three dimensions: ①Form consistency (is the use identical to the registration?) ②Truthfulness of representations (is there substantiation for what is claimed?) ③Management closed-loop (can licensed use be controlled?).

Form Consistency (Items 1–5)

[ ] 1. Is the registered trademark on the packaging completely identical to the trademark certificate? Font, combination, color ratio—any substantive change constitutes "unauthorized alteration of a registered trademark" (Article 57, fine of 50,000 yuan for failure to rectify within the prescribed period).
[ ] 2. Is ® marked on unregistered identifiers? This constitutes "counterfeiting a registered trademark." Even if the primary trademark is registered, secondary identifiers that are unregistered cannot bear the ® mark.
[ ] 3. Is the trademark used beyond the approved scope of goods/services? Registered in Class 9 (software) but used in Class 42 (services)—this is use beyond the approved scope.
[ ] 4. After a change in company name/address, has the trademark change been filed concurrently? If the registrant's name or address has changed but the trademark has not been updated, this falls within the scope of Article 57.
[ ] 5. Do trademarks displayed on e-commerce detail pages or in livestream rooms alter their distinctiveness? Splitting combinations or altering fonts to deliberately resemble well-known brands—a typical "calculated trademark" operation on the usage end.

Truthfulness of Representations (Items 6–10)

[ ] 6. Does the combination of trademark + product name create misperception? If a registered trademark paired with a product name causes consumers to believe it is "Longkou vermicelli," "native eggs," or "Italian tiles"—even if the trademark is lawful, the manner of use is unlawful.
[ ] 7. Do advertising slogans contain terms such as "zero-additive/100%/organic/selenium-enriched" with supporting evidence available? Inability to provide evidence = misleading use, with risk extending from trademark law to advertising law.
[ ] 8. Do the marks contain words such as "exclusively supplied/specially supplied/premium/national"? Notice No. 916 explicitly prohibits these—regardless of whether the trademark is registered, their appearance on goods makes them a regulatory target.
[ ] 9. Do the marks contain place names, years, "handmade/hand-beaten/ancient method" that do not match reality? "Not produced in Rome, Italy, yet labeled as Rome," "not founded in 1837, yet labeled 'Since 1837,'" "machine-produced yet labeled handmade"—all are on the prohibited list of Notice No. 916.
[ ] 10. Is the wording "well-known trademark" prominently used in advertising? The Trademark Law prohibits using "well-known trademark" in commercial promotion, and enforcement will only intensify after Article 56 takes effect.

Management Closed-Loop (Items 11–15)

[ ] 11. Do licensees/franchisees use your trademark in accordance with the specifications? Article 55 of the new law: if a licensee fails to fulfill quality assurance obligations, the licensor has the right to terminate the contract. However—if you knowingly fail to stop a licensee's non-compliant use, you also bear legal liability (Article 24 of the Standards for Determining General Trademark Violations).
[ ] 12. Does the license contract contain a "quality assurance clause"? Without such a clause, the statutory right of termination under Article 55 is a dead letter. The contract should include: sample approval, quality standard annexes, periodic spot inspections, rectification deadlines for violations, and damages for breach.
[ ] 13. Do licensees indicate their own name and place of origin on the goods? This is a statutory obligation under Article 43 of the Trademark Law, and the licensor should supervise its implementation.
[ ] 14. Are you monitoring the risk of the trademark becoming generic? The cautionary tales of "U disk," "Jeep," and "Simmons"—if a trademark is used in the market as a generic product name, any person may apply for its cancellation.
[ ] 15. Has a responsible person and frequency been designated for compliance review? It is recommended to conduct reviews quarterly, covering five scenarios: packaging, advertising, e-commerce, livestreaming, and licensing. Article 70 provides that any unit or individual has the right to report misleading use—consumers, competitors, and professional anti-counterfeiting agents may all trigger enforcement.

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III. Approval Checkpoints for Four Scenarios

Embed the self-inspection checklist into business processes rather than consulting it only after problems arise.

| Scenario | Approval Checkpoint | Responsible Party |

|------|---------|--------|

| Packaging revision | Legal review (form consistency + truthfulness of representations) → Trademark department filing → sample confirmation | Legal/Brand |

| E-commerce listing | Detail page review (advertising compliance + ® marking) → platform qualification confirmation | E-commerce operations |

| Livestream launch | Script review (prohibit unsubstantiated claims such as "zero-additive/100%/best") → screen recording archival | Content/Legal |

| Co-branding/licensing | Contract review (6 clauses) → filing → registration of authorized scope | Legal/Trademark department |

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IV. Three Actions You Can Take Immediately

1. Run through the 15-item self-inspection checklist today. Focus on: whether the trademark design on packaging matches the registration certificate, whether advertising slogans contain functional claims that cannot be substantiated, and whether license contracts contain quality assurance clauses.

2. Pull out all license/franchise/agency operation contracts and cross-reference Items 11–13 in Chapter II of this article. For any contract lacking quality assurance, sample approval, and supervisory spot-inspection clauses, email legal to request amendments. The "statutory right of termination" under Article 55 of the new law can only take effect with contractual provisions in place.

3. Designate a compliance review responsible person and set calendar reminders: conduct full reviews in October and December 2026, and ensure all scenarios are cleared before the new Trademark Law takes effect on January 1, 2027.

> "【Core Conclusion】Trademark registration is only the starting point; the manner of use is the finish line. Article 56 of the new Trademark Law shifts the regulatory focus from the 'registration end' to the 'usage end'—previously it was 'application rejected,' now it is 'registered but can still be cancelled.' This 15-item self-inspection checklist is recommended for corporate IPR professionals to run quarterly." —— He Zigang | IP Lawyer | Aipunajie·Mili·Najie

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⚠️ Risk Notice: The implementing regulations supporting the new Trademark Law have not yet been published; specific enforcement standards are subject to the actual practices of local market regulation authorities. The legal analysis in this article is for reference only. For specific cases, please consult a professional lawyer.

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He Zigang | IP Lawyer | Beijing Najie Intellectual Property

*This article represents only the author's personal views and does not constitute legal advice. For specific case analysis, please feel free to contact us.*

This is a machine-translated version of our Chinese original article for reference. The Chinese version is the authoritative source.